Decisions

Cabinet endorsed and will make the following recommendations to Council.

 

That Council:

 

 

1.            Agree that the material amendments as set out in section 3.1 of the report, be made to the proposed submission documents, and to the proposed Submission Havering Local Plan

 

2.            Delegate authority to the Director of Neighbourhoods, following consultation with the Cabinet Member for Housing, to make and approve the final wording of the material amendments to the proposed Submission Havering Local Plan, and to the proposed submission documents for submission to the Secretary of State;

 

Cabinet will be asked to approve the list of Brownfield sites to be published as part 1 of the Council’s Brownfield Register.

 

There is a statutory requirement for local authorities to have a Brownfield Register in place by 31 December 2017. This should contain a list of Brownfield (previously developed) sites which are suitable for housing, to be published as part 1 of the register. It is optional for local authorities to also include a part 2 of the register, in which sites are listed which will be given permission in principle. It is not proposed to include any sites in part 2 of the register (at this stage).

 

Cabinet:

 

1.         Agreed to the draft list of sites (located in Appendix 1of the report) to be published as the London Borough of Havering Part 1 Brownfield Land Register;

 

2.         Agreed to publish the London Borough of Havering Part 1 Brownfield Land Register on the Council website, and to publish the London Borough of Havering Part 1 Brownfield Land Register on a London-wide website hosted by the Greater London Authority; and

 

3.         Delegated authority to the Assistant Director of Development in consultation with the Cabinet Member for Housing to sign off, review and maintain the London Borough of Havering Part 1 Brownfield Land Register.

 

4.         Noted a correction to Appendix 1 of the report. The figure included in the report for the minimum net dwellings for Napier and New Plymouth was 103, 200 (gross). That figure is incorrect and is replaced with 103 (200 gross)

Cabinet will be asked to approve the decision to enter into a grant agreement with the GLA for the provision of grant funding for the 2016 – 2021 programme to support the provision of affordable housing.

 

Cabinet:

 

1. Approved the entering into contract with the GLA for the provision of grant funding for the 2016 – 2021 programmes to support the provision of affordable housing.

 

2. Agreed for the agreement be executed under the Council’s common seal as a Deed and signed in accordance with the agreed scheme of delegations

 

3. Agreed to delegate to the Leader of the Council, after consultation with the Director of Neighbourhoods, authority to agree and sign any extension, variation or general contract management powers.

 

4.    Noted a correction to the legal implications and risks section of the report. Paragraph (E) should read as Conditions 9, 10, 11, 18.8 or 19.

Cabinet will be asked to approve the Private Sector Housing Enforcement Policy to enable compliance and enforcement action necessary to meet the Councils statutory obligations.

Cabinet:

 

1.            Agreed the Private Sector Housing Enforcement Policy in Appendix 1.

 

2.            Delegated to the Director of Neighbourhoods in consultation with the Lead Cabinet Member for Housing powers to make any minor amendments to the enforcement policy.

 

Cabinet will consider/approve the MTFS and 18/19 Budget Update.

Cabinet:

 

1.            Noted the progress made to date with the development of the Council’s budget for 2018/19 and of the implications for Council Tax setting, although no decisions will be taken until the February cabinet meeting.

 

2.            Noted the outcome of the Autumn Budget Statement and the likely impact on local authorities.

 

3.            Noted the provisional local government financial settlement announcement, and that this largely confirms the budgetary assumptions set out in the MTFS based upon the four-year financial settlement.

 

4.            Noted that a public engagement exercise on the budget process will be carried out during January 2018.

 

5.            Will Recommend to Full Council that the Council Tax Support Scheme 2018 is approved. (Appendices A and B of the report)

 

6.            Noted the Equalities Impact Assessment in respect of the Council Tax Support Scheme as set out in Appendix B of the report.

 

7.            Noted a correction to paragraph 2.3 of the report. The correct figure for the Adult Social Care (ASC) Support Grant was £1.010m; not £6.565m as printed in the report.

Cabinet will be asked to approve the selection and appointment of a Joint Venture Partner to deliver the London Borough of Havering’s Estate Regeneration Programme.

 

 

That Cabinet:

 

1.    Approved the inclusion of a budget of £63.3m equity for the scheme together with a budget of £50.5m for potential land acquisition/CPO costs within the proposed HRA capital programme that will be considered by Cabinet in February 2018 in the annual rent setting and capital programme report and this is recommended to Council for final approval in February 2018.

 

2.    Agreed to award Preferred Bidder status to BIDDER C. Subject to the approval of the required budget and funding at recommendation 1 above, that Cabinet:

 

3.    Agreed to establish a JVLLP for the purpose of meeting the Council’s regeneration objectives for the 12 HRA sites by entering into a Members’ Agreement with BIDDER C on the basis of the Business Case and Legal Summary contained in the Exempt Agenda Report.

 

4.    Agreed to delegate to the Lead Member for Housing, after consultation with the Director of Neighbourhoods, the authority to agree the name of the JVLLP, negotiate the final detailed terms of the agreements being entered into, and authority to agree that the Council enter into the following agreements:

 Members’ Agreement;

 Development Agreement;

 Any ancillary agreements or documents necessary to give effect to the setting up of the JVLLP in accordance with this Report and its appendices (including the Legal Summary appended to the Exempt Agenda Report).

 

5.    Authorised the JVLLP to enter into the Development Management Agreement with BIDDER C when in agreed form.

 

6.    Agreed to delegate to the Lead Member for Housing, after consultation with the Director of Neighbourhoods, authority to finalise agreement on the terms of the Development Management Agreement referred to in recommendation 5 on behalf of the Council as Member of the JVLLP established in accordance with recommendation 4.

 

7.    Agreed to delegate to the Lead Member for Housing, after consultation with the Director of Neighbourhoods, authority to approve the first Business Plan of the JVLLP on behalf of the Council.

 

8.    Authorise the disposal of land to the JVLLP on the terms set out in this report, subject to the approval of the Secretary of State where required, (as detailed in the Land disposal paragraphs of the Legal Implications section of this report) and agree to delegate authority to the Lead Member for Housing, after consultation with the Director of Neighbourhoods, the authority to finalise the terms of such disposals.

 

9.    Authorised the Director of Neighbourhoods to consider the appropriation of land for planning purposes, subject to agreement of the Secretary of State, to facilitate the redevelopment of the 12 Sites and approve an application to the Secretary of State for appropriation under section 19(2) of the Housing Act 1985 and potentially appropriate back to housing purposes all or part of the land as may be considered appropriate in due course. (The precise areas of land to be appropriated to be decided by the Director of Neighbourhoods).

 

10. Recommends to full Council to make an application to the Secretary of State, where required, for the disposal of property and land (the precise areas of land to be decided by the Lead Member for Housing after consultation with the Director of Neighbourhoods) under section 32(2) of the Housing Act 1985.

 

11. Noted the updated Consultation and Engagement strategy as detailed in paragraphs 9.1 to 9.13 of this report.

 

12. Noted the updated Equalities Impact Assessment as referred to in the Equalities Implications section of this report.

 

13. Noted the update provided to Cabinet in the Local Lettings Plan report as it relates to these decisions.

 

14. Agreed to delegate to the Lead Member for Housing, after consultation with the Director of Neighbourhoods, authority to approve the consultation and communication plans for the regeneration of the 12 HRA Sites.

 

15. Authorised the Director of Finance to provide state aid compliant investment of equity/loans/capital expenditure the JVLLP within the funding provided in the Capital Programme and in accordance with the business plan and on the terms set out within the Member’s Agreement.

 

16. Agreed to delegate to the Leader, after consultation with the Chief Executive, the appointment of nominees to represent the Council on the JVLLP Board and indemnify them under the Local Authorities (Indemnities for Members and Officers) Order 2004 once the JVLLP has been set up.

 

17. Agreed, subject to approval of the over-arching Governance Report on the operation of the 12 Sites, Rainham and Bridge Close schemes, to the proposals for resolution of any Reserved Matters set out in such report.

 

18. Noted the governance framework and staff resources required to develop and deliver the 12 Sites and other economic development schemes also presented for consideration and approval by Cabinet in January 2018.

 

19. Noted an amendment to paragraph 4.25 of the report to read the following:

 

Tenants moving into a smaller property – qualifying under occupiers will qualify for an additional bedroom above their assessed need. For example:

 

• a tenant in a four bedroom property but the current housing need is assessed for a two bed, will be allowed to keep an additional bedroom and therefore will be offered a three bedroom property; or

• a tenant in a three bedroom property but the current housing need is assessed for a one bed, will be allowed to keep an additional bedroom and will therefore be offered a two bedroom property.

 

The conditions of the Allocation Policy must be met to qualify for this offer, and tenants should have a clear rent account and no history of anti-social or other unacceptable behaviour in their council tenancy.

 

Officers will complete an affordability assessment to ensure that the tenants can afford to pay the rent for the additional bedroom without discretionary housing payment on a long-term basis. Any shortfall will not be covered by the Council.

Cabinet will be asked to approve:

·       Regeneration Local Lettings (Plan) Policy

·       Regeneration Decant Policy & Possession Procedures

As part of the ongoing regeneration programme.

Cabinet:

 

1.    Noted the outcomes of the consultation carried out on version 7 of the Local Lettings Plan

2.    Approved the Local Lettings Plan for the Housing Regeneration Programme

3.    Noted the outcomes of the consultation carried out on the Decant Policy and Possession Procedure for the Housing Regeneration programme

4.    Approved the new draft Decant Policy and Possession Procedure for the Housing Regeneration Programme

Cabinet will be asked to:

 

·       Approve the proposed governance structure aimed at ensuring that the Council’s interests are protected.

 

·       Note the total impact on the MTFS of the Council’s participation in three housing development joint ventures (Beam Park Rainham, Bridge Close, 12 HRA sites) and of Mercury Land Holdings, approval to which is sought separately in the individual Cabinet papers on each. 

 

That Cabinet:

 

1.    Noted the Chief Executive’s proposed changes to the Councils senior management structure.

 

2.    Approved the Governance structure and arrangements described in section 6 of this Report.

 

3.    Agreed to delegate to the Leader, after consultation with the Chief Executive, the appointment of the Council’s officer nominees to represent the Council on the three JVLLP boards.

 

4.    Agreed to delegate to the Leader, after consultation with the Chief Executive, any future changes to the appointment of nominees to represent the Council on the JVLLP boards or as its directors on the Mercury Land Holdings Limited board.

 

5.    Agreed to indemnify its nominees to the JV LLP Boards (once the JVLLPs are set up) and the directors of Mercury Land Holdings Limited under the Local Authorities (Indemnities for Members and Officers) Order 2004.

 

6.    Noted the budget implications of these changes as detailed in section 10 of this report, and that they are reflected in the Council Medium Term Financial Strategy for agreement in the February Council Tax setting meetings.

 

Licensing Act 2003

Notice of Decision

 

 

PREMISES

Premier Inn Romford

25-29 Market Place

Romford

RM1 3AB

 

DETAILS OF APPLICATION

 

This application for a premises licenceis made by Whitbread Group PLC under section 17 of the Licensing Act 2003(“the Act).

 

APPLICANT

Whitbread Group PLC

Houghton Hall Business Park

Porz Avenue, Dunstable

Bedfordshire

LU5 5XE

 

1.     Details of requested licensable activities

 

 

The Sub-Committee considered an application for a new premises licence for Premier Inn Romford, 25-29 Market Place, Romford, RM1 3AB made by Whitbread Group PLC.

 

2.     Promotion of the Licensing Objectives

 

The applicant acted in accordance with regulations 25 and 26 of The Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 relating to the advertising of the application.  The required public notice was installed in the Yellow Advertiser on Wednesday 22^nd November 2017.

 

The Non-standard timings in section J (which if granted will relate to all licensed activity) “To extend the licensing hours on New Year’s Eve: 10:00 to New Year’s Day 00:30 (being 2^nd January).  This point required clarification –New Year’s Day is the 1^st January.

Does the applicant wish to be licenced from the end of licensable hours on New Year’s Eve (into New Year’s Day) to the end of Licensable hours on New Year’s Day (into 2^nd January).

 

 

 

 

 

 

3.     Details of Representations

 

There were three representations from Responsible Authorities against the application for a new premises licence.

 

 

4.     Determination of Application

 

The Sub-Committee’s hearing was opened by Paul Campbell of the Council’s licensing Team.

 

The Sub-Committee received written representations, and heard evidence and oral submissions from Mr Giles from the Council’s Health and Safety Team, objecting on the grounds or crime and disorder and prevention of children from harm.

 

The Sub-Committee received written representations, and heard evidence and oral submissions from PC Goodwin on behalf of the Metropolitan Police.  Although PC Goodwin’s written representations objected on the grounds of crime and disorder and prevention of children from harm, following the applicant providing further information and discussions between her and the applicant’s representatives, in oral submissions PC Goodwin appeared not to pursue her initial objections.

 

The Sub-Committee received written representations, and heard evidence and oral submissions from Paul Jones objecting on the grounds of crime and disorder.

 

The Sub-Committee received written representations, and heard evidence and oral submissions from Mr Shields on behalf of the applicant.

 

Legal Framework

The Sub-Committee reminded itself that it must promote the licensing objectives and must have regard to the Statutory Guidance issued under s.182 of the Licensing Act 2003 and the Council’s Statement of Licensing Policy. 

 

The Sub-Committee also reminded itself that as the premises under discussion lies within a Cumulative Impact Zone, there is a rebuttal presumption that applications for a new premises licence in respect of such premises would normally be refused.

 

Decision and reasons

Having considered all the evidence the Sub-Committee is of the view that the licence should be granted subject to the conditions proposed by the applicant in its initial application and operating schedule and those set out in the written submissions provided on behalf of the applicant dated December 2017, save for two conditions.

 

The Sub-Committee was of the view that in relation to the licensable hours over the New Year period, the licensable activity should be between 10am on 31st December until 12:30am on the 1st January, the following day.  The Sub-Committee noted that Mr Shields indicated that the condition as originally proposed was inserted simply because the initial application was a standard application however he was not seeking to pursue this condition as originally proposed.

 

In additional, the Sub-Committee considered carefully the representations made in relation to the age verification policy that should be adopted.  The Sub-Committee noted that the policy of the local authority is Challenge 25 (Licensing Policy 20).  Whilst the Sub-Committee accepts that Challenge 21 is mentioned within the Council’s statement of Licensing Policy, the actual policy is Challenge 25.   The Sub-Committee noted that there is a drive to implement Challenge 25 over Challenge 21 across the borough principally because this is, in the council’s view, the best way of promoting the licensing objectives, and in particular the protection of children from harm.  Having considered the matter at length, the Sub-Committee could see no reason to depart from the policy stated in Licensing Policy 20.  The Sub-Committee was of the view that there was nothing exceptional about the applicant or in the application justifying departure from the Challenge 25 Policy.  Therefore, the condition will be “the premises shall operate a proof of age scheme and will require photographic identification from any person who appears to be under the age of 25 years”.

 

In conclusion, the sub-committee is of the view that the granting of the licence subject to all of these licencing conditions would meet all of the licencing objectives.  The sub-committee was further of the view that the applicant has demonstrated that there would be no negative impact on the licencing objectives and therefore the applicant had rebutted the presumption against the grant of the licence.

 

Right of Appeal

 

Any party who has made a relevant representation may appeal to the Magistrates’ Court within 21 days of notification of the decision.

 

On appeal, the Magistrates’ Court may:

1.         Dismiss the appeal; or

2.         Substitute the decision for another decision which could have been made by the Sub Committee; or

3.         Remit the case to the Sub Committee to dispose of it in accordance with the direction of the Court; and

4.         Make an order for costs as it sees fit.

 

 

 

 

The oneSource shared forecast financial position shows a projected overspend of £0.796m as at September 2017, Period 6. This was an improvement on the Period 3 projected overspend of £2.327m. The improved forecast was largely due to an ICT and Asset Management forecasts. The projected overspend split between the three boroughs was £0.341m to Havering, £0.170m to Bexley and £0.286m to Newham.

 

As at Period 6, the services managed by oneSource, but not shared were forecasting the following variances; £0.034m overspend for Havering, £4.550m overspend for Newham and nil variance for Bexley. These include an increase in savings of the non-shared areas as follows for the 2017/18 financial year:- Havering (£0.328m), Newham (£0.512m) and Bexley (£0.097m).

 

The Joint Committee noted the current oneSource forecasted outturn position based on the financial monitoring as at the end of September 2017.

The report provided an update on a number of key activities across oneSource.

 

With the transition to trading, Red Quadrant had been appointed to work with senior management to develop the business case and five year transition strategy, anticipated for conclusion in January 2018.

 

In respect of Oracle, Newham would not move to Oracle Cloud within the next two years. Alternative arrangements are being finalised with Cap Gemini to continue to provide Oracle Version 12 for Newham and Havering.

 

In future, quarterly reports would be submitted on projects within the transformation programme. Of note was the rollout of the Starts and Movers project which would improve the customer experience by reducing the numbers of forms and emails required to complete related activities.

 

In terms of commercial developments, oneSource continues to have successes in being shortlisted for awards. Such areas being the Treasury and Pensions Team, Enforcement Team and HR. Work continues to be generated by Newham small businesses as they move to company status.

 

The Joint Committee noted the report.

The Leader of the Council will be asked to agree that the negotiation and finalisation of the loan agreements, provided they are broadly consistent with the Heads of Terms, and the decision to release funding subject to satisfactory financial due diligence,  be delegated to the Section 151 officer in consultation with the Director of Legal and Governance.